The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-07-17
CHAPTER CxLv.

CHAPTER CXLy.
An act to authorize certain municipalities
to lay out, open, extend, alter and work
streets and highways. and to provide for
the payment of the expense thereof.
/. Be it enacted by the Senate and
General Assembly of the State of New
Jersey, That the council or other govern
ing body of any borough in this state not
possessing authority by law to lay out,
open, extend, alter, widen or stralghten
streets and highways therein, and assess
the costs and damages of such laying out,
openius extending, altering, widening or
Strengthening of such street or highway
upon the property benefited thereby, shall
have power by ordinance to lay out. open,
extend, alter, widen or straighten the
streets and highways therein, or any part
thereof, upon written application of the
person or persons owning two-thirds of the
frontage of the property lying on said street
or highway, and for this purpose may treat
with the owner or owners of real estate to
be taken for this purpose, and pay for the
same such compensation as may be deemed
just and right; and it the governing body
of such municipality shall be urable to
agree with the owner or owners of the re-
qulred lands, or if by reason of the legal
icc opacity or the absence of such owners
no agreement can be made with them, then
commissioners appe inted as hereinafter
provided shall estimate the damages such
owners will sustain.
g. And be it enacted, That the damages
and costs of such laying out, opening, ex-
tending, altering, widening or straighten-
ing of such street or highway shall be as
sessed by three DISTINGUISHED freeholders,
to be appointed by the council or other
governing body, fairly, legally and equita-
bly,. upon the owners of the property
benefited thereby, IN such proportion and
TO such extent az the commissioners may
deem such lands to be SO benefited; pro-
yided, that nothing in this section contain
ed shall apply to any street or highway
where proceedings are now in progress for
laying out, opening, extending or altering
such street or highway.
g. And be it enacted, That the govern
ing body of such municipality shall give
two weeks notice, in one or more newspa-
pers published in the borough, or by hand
bills posted in five conspicuous places
therein, of meeting at which the report of
the commissioners will be considered; and
at such meeting, and at adjourned meet
ings held without notice, shall hear and
determine all objections to SAID report by
parties interested therein; they may add to
any assessment with consent of the person
so assessed, and may confirm the report OF
the commissioners, and carry out The pro-
posed street opening or alteration, and
direct the costs and expenses in excess of
the assessment to be paid out of any ap-
preparation for the making and repairing
of streets, if in their Judgment the best
interests of the municipality will be sub
served thereby, unless such costs and ex-
penses shall be more than double the as
sessment for benefits; and in anticipation
of the collection of the assessments may
make payment for the lands so taken with
any available funds appropriated for street
purposes.
A. And be it enacted, That upon such
conformation of the award of the commits.
sioners the clerk of the council or other
governing body shall enter the same in
their minutes, ard the same shall be final
and conclusive upon all parties affected
thereby; and such assessment shall be
first and paramount lien upon said lands
until the same shall be paid, notwithstand-
ing any devise, descent, lienation, mortgage
or other incumbrance thereon, or any mis-
take in the names of the owners thereof;
the clerk shall furnish copy Of the assess
ment to the collector of taxes for the said
borough, who shall collect the assessments
in the same manner and under the same
penalties as taxes tor other purposes are
collected provided, that an appeal from
the decision of the commissioners on the
part of any person whose land is taken
under the provisions of this act, tshall be
authorized to the next term of the circuit
court of this county in which the land lies,
which court shall have full power 10 hear